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   Course Title    International Business Law
Lecturer    Ekaterina Kisseleva
Institution    Marij State University
Country    Russia


AIM of the COURSE:

The focus of this course on International Business Law will be on problems associated with the business activities on an international market. Business today is truly international. Worldwide, approximately half off all business transactions are done across national boards. Therefore, the primary aim of the course is to gain an understanding of the regulating mechanism of international business and an understanding of the legal rules, which effect it. The purpose of this course is to show how firms doing business among the more than 185 countries of the world are governed and regulated.

Additional goals will be to gain the understanding of the methodology of analysis employed by judges and practical lawyers as they consider the problems concerning International Business Law.

ROLE of the COURSE in the OVERALL DEGREE CURRICULUM:

Currently there are many changes taking place in the curriculum as it is being changed to meet internationally recognized criteria. It is therefore necessary to get some knowledge of International Business Law. The course "International Business Law" will be taught for 5th year students, that is after students have got acquainted with the Civil Law of Russia, Business Law of Russia, International Law and International Private Law.

METHODS of INSTRUCTION:

In order to accomplish the course aim, this course will rely on the Problem-Solving Method and the Simulation Method.

Problem-Solving Method of teaching is the "hypothetical problem" approach. The instructor crafts a hypothetical problem and asks the students to craft a solution to the problem which correctly analyzes the facts of the problem and correctly applies the applicable law. Sometimes the problems are interspersed with relevant readings, and the hypothetical problems provide comparatively brief situations which are intended to make the purpose and relevance of the readings clear. This method requires the student to extensively prepare the assigned materials before the class and extensively participate in the class discussion of the problems.

The simulation method attempts to teach in a classroom atmosphere the same skills and thought processes which are taught to an apprentice by a mentor in more traditional educational systems. In the modern world, students often have little opportunity to locate a mentor actually in the practice of International Business Law. Moreover, because of the strains and pressures of competition in developed and developing societies with respect to the efficient use of time, experienced practitioners are often so busy with their work that they have little time to devote to a young apprentice. A resolution of the problem of the lack of availability to experienced mentors for the growing flock of potential apprentices is to conduct a class in which several or many students are given the same exercise by the instructor, who explains to them how the problem should be solved. The simulation method is related to the problem-solving approach, but is more effective where actual skills are being taught and the correction process consists in gently and persistently monitoring the acquisition of skills by the student so that the student can develop some of the natural instincts and intuitions of the master.

COURSE CONTENT:

The emphasis will be made on the following problems of International Business Law:

  1. Introduction to International Business Law. The main goal of this session is to gain an understanding of what International Business Law is, how it is made, what its sources are and what the scope of its application is. Attention also must be paid to the question of what the international business is and who the participants of the international business are.
  2. International Trade Law. The main aspects of this meeting are international trade laws and codes, multilateral trade agreements and the World trade organization.
  3. International Sale of Goods. The main problems for discussion are the 1980 Vienna Convention on Contracts for the International Sale of Goods, sale contracts and their formation, seller’s and buyer’s obligations, remedies and financing.
  4. International Transportation. The main goal of this session is to gain an understanding of trade terms and of transportation in all of its aspects, such as inland carriage, charterparties, maritime insurance, carriage of goods by sea and air.
  5. Foreign Investment. The primary goal of this meeting is to discuss foreign investment laws, the supervision of foreign investment and securities regulation.
  6. Money and Banking. This session will be devoted to the international banking system, currency exchange and support systems, national monetary systems, world and regional monetary organizations and the International monetary fund.
  7. Taxation in International Business Law. This meeting will be devoted to the purposes of taxation: income taxes, taxpayers, double taxation and tax treaties.

International Intellectual Property Law. The primary goal of this session is to discuss the questions of the creation of intellectual property rights, of intellectual property treaties, international intellectual property organizations, the international transfer of intellectual property, licensing regulation and compulsory licenses

READINGS:

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